Perry

INTRODUCTION

Appellants, Paul Perry, Felicia Davis Perry, and Orene Perry, challenge the dismissal of their complaint against respondent, County of Fresno (County), following the sustaining of the County’s demurrer without leave to amend and the granting of the County’s summary judgment motion. Appellants alleged that the County was liable for damages caused by the County’s employee, Alejandro Vital when, in his capacity as a correctional officer, Vital accessed information regarding various jail inmates and then wrote fake letters to those inmates that were purportedly from Paul Perry. Vital wrote these letters to provoke the inmates to retaliate against Perry and the other appellants and thereby intimidate them into dropping a personal injury lawsuit they had filed against Vital. The trial court ruled on demurrer that appellants had not stated a cause of action for civil rights violations against the County for failure to train and supervise Vital and on summary judgment that the County was not liable to appellants for Vital’s tortious action under the respondeat superior doctrine.

Relying on Mary M. v. City of Los Angeles (1991) 54 Cal.3d 202 [ 285 Cal.Rptr. 99 , 814…